Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘Four years ago I divorced my now EX-wife and the judge gave me sole parental responsibility of our then 1 year old son. My ex-wife was sentenced to prison soon after and was ordered to take a class (Divorce and its Impact on Children) within 60 days of her release. She also had to comply with supervised visitations until further order by the courts. She was released on Dec 17, 2006 and had not, to my knowledge, completed the course. She violated her probation soon after her release and was giving a 15 year suspended sentence. It was agreed that she go to Drug Rehab instead, from which she was released in Dec 2008. In April 2010 I caught her telling our child that I was not even his real father and that he would soon be living with her. The child was traumatized by this and has since been getting psychological help. She has now filed false charges against me in a motion to gain custody of the child and is insisting I provide a paternity test to prove that I am the father. I, in turn, filed for support. Do I have to allow a paternity test? When we divorced, the judge asked us both if we were married at the time the child was conceived, if we were married at the time the child was born, if my name is on the Birth certificate (it is) and if I was claiming to be the child’s father.’
Question: You should fight this. The law on this is pretty complicated, and it will depend on what state’s laws apply. In New Jersey, for example, you may be able to persuade the judge that you should continue to have rights as the boy’s father, even if he is not your biological son, since you have been the only father he has known his whole life. And it sounds like she would be a terrible choice to be the parent who raises him. Get a good, tough divorce and family law attorney to fight for you.
